Book Review: Serving Justice: A Supreme Court Clerk\u27s View (1974)

Book Review of SERVING JUSTICE: A SUPREME COURT CLERK\u27S VIEW, by J. Harvie Wilkinson, III (NY: Charterhouse, 1974)

Book Review: The Onion Field (1973)

Book Review of THE ONION FIELD, by Joseph Wambaugh (NY: Delacorte Press, 1973)

Book Review: Discriminating Against Discrimination (1975), and Affirmative Discrimination: Ethnic Inequality and Public Policy (1975)

Book reviews of DISCRIMINATING AGAINST DISCRIMINATION, by Robert M. O\u27Neil (Bloomington: Indiana University Press, 1975), and AFFIRMATIVE DISCRIMINATION: ETHNIC INEQUALITY AND PUBLIC POLICY, by Nathan Glazer (NY: Basic Books, 1975)

Whither the Nixon Board?

The Nixon administration has now appointed a majority of members to the National Labor Relations Board. With this change in Board composition have come significant shifts in labor policy. The authors of this Article examine these shifts in policy in light of the approaches of past Boards

Is Griggs Dead? Reflecting (Fearfully) on Wards Cove Packing Co. v. Atonio

A shareholder\u27s surrender of stock to a corporation for no consideration arguably results in a realized loss to the shareholder. But should that loss be recognized? The Supreme Court\u27s decision in Fink v. Commissioner denied loss recognition for stock surrenders resulting in only a small reduction in a shareholder\u27s percentage ownership in a corporation. While correct in result, the analytical basis for this decision is problematic and offers a unique opportunity to examine the basic issues of loss realization and recognition within the context of subchapter C of the Internal Revenue Code

Defense under the Age of Discrimination in Employment Act: Misinterpretation, Misdirection, and the 1978 Amendments

The Age Discrimination in Employment Act of 1967 prohibits employers, labor organizations, and employment agencies from discriminating because of age, but it does not protect all age groups against employment discrimination. As enacted, the 1967 Act protected persons between the ages of forty and sixty-five; the amendments in April 1978 extended that protection five years to age seventy. Thus it is not illegal to discriminate against people before their fortieth or after their seventieth birthday. The Act, in its original and amended versions, contains five exceptions or defenses to age discrimination in employment. Only the bona fide occupational qualification (BFOQ), bona fide seniority system, and bona fide benefit play are true defenses. Prior to the 1978 amendments, some lower federal courts bizarrely construed the BFOQ defense